Date: 20000621
Docket: T-1987-99
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
DORIS TENNANT
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Wednesday, June 21, 2000)
REED J.:
[1] I have been persuaded that the citizenship judge"s decision must be set aside. The evidence does not support the conclusion that the respondent centralized her mode of living in Canada. She comes to Canada for extensive periods of time (approximately one-half of each year) to stay with her daughter and help look after her grandchildren.
[2] However, she has more substantial ties, with Jamaica, where she lives for the other half of each year, where another daughter lives, and where the applicant"s husband lives; he runs a farm there.
[3] The citizenship judge appears to have relied on the fact that the applicant sings in a church choir in Canada and has many friends here as sufficient to support his conclusion that the applicant had centralized her mode of living here. He relied on that evidence to support a conclusion that her absences to Jamaica were temporary and, therefore, those absences should be counted as presence within Canada for the purpose of satisfying the residence requirements of the Citizenship Act. The evidence is insufficient to support those conclusions.
[4] As indicated, the evidence on the face of the record, and as described in the citizenship judge"s reasons for his decision, do not support the conclusion that was reached.
[5] I must therefore allow this appeal.
"B. Reed"
J.F.C.C.
TORONTO, ONTARIO
June 21, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1987-99 |
| STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| - and - |
| DORIS TENNANT |
| DATE OF HEARING: WEDNESDAY, JUNE 21, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DELIVERED AT TORONTO, ONTARIO ON WEDNESDAY, JUNE 21, 2000
APPEARANCES: Mr. James Brender
For the Applicant
Ms. Doris Tennant
| For the Respondent, on her own behalf |
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
| For the Applicant |
Ms. Doris Tennant
One Pipestone Place
Toronto, Ontario
M9W 3V4
| For the Respondent, on her own behalf |
FEDERAL COURT OF CANADA
Date: 20000621
Docket: IMM-1987-99
Between:
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Applicant
- and -
| DORIS TENNANT |
Respondent
| REASONS FOR ORDER |